Share Your Experience With FinCEN’s Residential Real Estate Rule
March 26, 2026
A federal court in Texas issued a ruling on March 19 vacating FinCEN’s Residential Real Estate Rule in its entirety. In the ruling, the court found that FinCEN exceeded its statutory authority under the Bank Secrecy Act and ordered the rule be set aside.
Following the ruling, FinCEN shared guidance that said reporting persons are not currently required to file real estate reports. While this guidance halts the title industry’s obligations for now, future actions by FinCEN or the courts could reinstate or modify reporting requirements.
The allows the industry to pursue change.
Please take ALTA’s FinCEN Experience Survey to help us gather data and insights on the industry’s experience with the rule.
Real-world insights will help policymakers fully understand the rule’s impact and help ensure that future decisions are grounded in how the rule actually affects your business.
The deadline to provide feedback is Friday, April 17. The survey takes just 5-6 minutes to complete.
What Is ALTA Doing
ALTA has been in contact with FinCEN to request further guidance as the title industry navigates the uncertainty around the long-term impact of this ruling. ALTA has advised FinCEN that any changes to the agency’s guidance should be immediately communicated to the title industry and coupled with a grace period to implement such changes.
ALTA is actively engaging with lawmakers on Capitol Hill to update them on the issues that title professionals experienced while complying with the rule since March 1. This inflection point offers a unique opportunity to present on-the-ground perspective of title professionals and advocate for changes to help lessen the burden on your business.
Contact ALTA at 202-296-3671 or [email protected].